21 st Century Digital Streaming Revenue Rights. Scott Young Joshua Brooks
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1 21 st Century Digital Streaming Revenue Rights Scott Young Joshua Brooks
2 The Copyright(s) of a Song Musical Composition (MC) The Underlying Work Initially vests in songwriter Songwriter typically assigns rights to Publishing Co. Streaming Rights: -Distribution -Reproduction -Public Performance Sound Recording (SR) The Song as Recorded & Produced Initially vests in the artist & producer Artist/Producer typically assign rights to Record Co. Streaming Rights: -Distribution -Reproduction -Digital Performance (est. 1995) ^includes Transmission
3 Streaming Licenses Musical Composition (MC) 1. Public Performance License Grants: Public Performance Right Issued by: P.R.O. (ASCAP/BMI/SESAC) Rate: Compulsory 2. Mechanical License Grants: Distribution & Reproduction Rights Issued by: The Harry Fox Agency Rate: Compulsory Sound Recording (SR) 3. Digital Performance License Grants: The Digital Performance Right -NEW! (est. 1995) -includes Digital Transmission -Issued by: SoundExchange or SR Owner -Rate:?
4 The Rate Formula for Digital Performance Licenses varies depending on the TYPE OF SERVICE!
5 Non-Interactive Non-Subscription Services Essentially, these services fall into the realm of terrestrial radio stations Under these services, sound recording copyright owners were not compensated for the use of their music by these services. E.g. WQHT Hot 97 Radio Station (97.1) *Exempt from Digital Performance Royalties AND Mechanical Royalties*
6 Non-Interactive Subscription Services Services that enable a member of the public to receive on request, a transmission of a particular sound recording, as a part of a program, which is selected by or on behalf of the recipient Digital Performance Compulsory Rate -Issued exclusively by SoundExchange -Rates set by Copyright Royalty Board (CRB) - Willing Buyer / Willing Seller Rate Model *Exempt from Mechanical License*
7 Interactive Services Services that enable a member of the public to receive a transmission of a program specifically created for the recipient, or on request, a transmission of a particular sound recording, whether or not as a part of a program, which is selected by (or on behalf of) the recipient E.g. SPOTIFY
8 Digital Performance Royalties (SR) Performance Royalties (MC) Mechanical Royalties (MC) B/G Artists Artist/Band Producer(s) Songwriter(s) Songwriter(s)
9
10 Digital Public Performance Royalty (SR - Artist) Non-Interactive: Set by CRB / SoundExchange -Subscription services = $ / performance -Non-subscription services = $ / performance Interactive: Negotiated by Record Company / SR Owner & Licensee More expensive because No Consent Decree - Free-Market Negotiation ( Willing BR / Willing SR ) Public Performance Royalty (MC - Songwriter) Issued / Negotiated by ASCAP / BMI / SESAC Set by Rate Court (?) Lowest because of Consent Decrees / Compulsory Licenses / Blanket Licenses -Publishing Deal = 25% - 50% of Revenue -Pub Admin Deal = 75% - 90% of Revenue -No Deal = 100%! ( but good luck exploiting & collecting) Mechanical Royalty (MC Songwriter) Only from Interactive Services (Non-Interactive = exempt) Compulsory Fee collected & disbursed by Harry Fox Agency HOW DO WE CALCULATE IT!??!!? Compulsory Licenses Available for: -Public Performance (MC) - All -Mechanical Royalties (MC) - All -Digital Public Performance ^Non-Interactive Subscription Only
11 Seriously? (via HarryFox.com)
12 Spotify, Harry Fox, & Mechanical Royalties -Spotify keeps 30% of its revenue and pools the remaining 70% into a single Parimutuel fund. -Spotify calculates its royalty rate by dividing the total revenue pool by total # of streams *Formula does NOT take into account the # of subscribers that generate streams!!
13 The Parimutuel ( Big Pool ) Formula Why is this weird? *It doesn t matter how many people listen to a song, it only matters how many times it streams* 1 subscriber, who pays $10 / mo, streams Drake s song 1,001 times Makes Drake More $ Than 1,000 subscribers, who pay $10,000 / mo, stream Drake s song once $.007 / stream How much of Spotify s $ revenue actually derives from that song
14 The Parimutuel ( Big Pool ) Formula Why is this bad? The money paid to Artists ( $.007 ) does not reflect the actual value of their songs in the music marketplace This system is unavoidably susceptible to click fraud Spotify s formula incentivizes acquiring heavy-usage subscribers & disincentives acquiring more fans ^Heavy-usage subscribers = Businesses (i.e. offices, restaurants, gyms, etc.) BOTTOM LINE: Businesses, NOT Fans, [ultimately will / already do] control market!
15 Solutions? Subscriber Share model -Calculates payout individually per person / per artist -Ex: $10 subscription $7 Revenue Assign $ by % Artist played Legislation? Generally focused on either keeping / eliminating radio exemption Fails to address the industry s actual, systemic malfunctions Has at least contributed to the problem (if not caused it altogether) MAJOR OVERHAUL
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